West Virginia Supreme Court April 25, 1905 (Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.)

POEEENBARGER, JUDGE:

Although, in form, a proceeding by one railroad company, to condemn, for its road bed, a strip of land owned by another railroad company, which purchased said land for its road bed, this case is in realty a controversy between said railroad companies over the question of priority of right to appropriate the strip of land in question; and calls for settlement of the principles